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Inter-American Court of Human Rights rules in favor of lesbian religion teacher in Chile

Sandra Pavez Pavez lost her job in 2007

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Sandra Pavez Pavez (Photo courtesy of Movimiento de Integración y Liberación Homosexual)

SAN BERNARDO, Chile — The Inter-American Court of Human Rights on Wednesday ruled Chile is responsible for the discriminatory treatment of a teacher who was removed from her position in 2007 because she is a lesbian.

Sandra Pavez Pavez had worked as a Catholic religion teacher since 1985 at Colegio Municipal Cardenal Antonio Samoré in San Bernardo, a city that is just south of the country’s capital of Santiago. The Chilean Catholic Church on July 25, 2007, revoked her certification that the Chilean Ministry of Education required to work as a religion teacher.

The reason?

Pavez came out as a lesbian after a rumor indicated she was in a relationship with another woman. Pavez also refused to undergo psychological and psychiatric therapies the church offered her in order to change her sexual orientation.

The clergy acted under the Ministry of Education’s Decree 924, which the Pinochet dictatorship issued in 1983, that “regulates religion classes in educational establishments” and empowers churches to decide who may or may not teach the subject.

El Movimiento de Integración y Liberación Homosexual (Movilh), Chile’s main LGBTQ+ rights group, appealed the decision to the San Miguel Court of Appeals. It was rejected and the Supreme Court upheld the ruling.

Both Chilean courts ruled Pavez had not suffered discrimination under Decree 924, so Movilh sued Chile in the Inter-American Court of Human Rights.

More than a decade later, the court ruled “the State of Chile is responsible for the violation of the rights to equality and non-discrimination, personal liberty, privacy and work, recognized in the American Convention on Human Rights, to the detriment of Sandra Pavez Pavez, for the discriminatory treatment she suffered … based on her sexual orientation.”

“At no time were the effects that this measure would have on Sandra Pavez Pavez’s personal life or on her teaching vocation taken into account,” reads the decision. “The court determined that the right to work was compromised to the extent that, through the reassignment of functions, her teaching vocation was undermined and constituted a form of job demotion.”

As part of the resolution, the court ordered comprehensive reparation measures that include a public act of recognition of international responsibility and guarantees of non-repetition.

Chile is also required to amend its policies towards educational institutions, pay Pavez $35,000 in material and non-material damages and another $30,000 in costs and expenses.

‘This is a historic moment’

Pavez retired in January without being able to return to the classroom.

“I am very happy because from now on, with this sentence, in no country in America will teachers, and in particular religion teachers, be able to be discriminated against because of their sexual orientation or gender identity,” said Pavez. “Religious freedom and the right of parents to educate their children can no longer be used as an excuse to discriminate against LGBTIQA+ people. This is a historic moment not for me, but for all discriminated people.”

“It was 15 years of struggle after my country denied me the right to practice the profession I studied and loved so much,” she added. “I regret that the discrimination I suffered at the hands of the church and the Supreme Court was accompanied by the total silence of successive governments in Chile, which never showed solidarity with my cause. I trust that the current government will turn things around and fully comply with the sentence.”

Movilh President Rolando Jiménez said “we are in the presence of an act of justice in the face of some of the most brutal abuses suffered by a person because of their sexual orientation or gender identity in Chile.”

“In an unprecedented event in the world, Sandra Pavez has defeated the State, but also all the churches in the country that last year united for the first time in its history to appeal to the Inter-American Court to deny rights to the teacher under an alleged religious freedom,” added Jiménez. “The court has been clear, the State cannot discriminate on the basis of sexual orientation or gender identity, nor can it allow churches to do so. This is a landmark ruling, a double triumph over religious and State abuses.”

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South America

Upwards of 4 million people attend São Paulo Pride

First round of Brazilian presidential election to take place Oct. 2

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Upwards of 4 million people participated in the São Paulo Pride parade in Brazil on June 19, 2022. (Photo courtesy of Renato Viterbo)

SÃO PAULO — Upwards of four million people attended São Paulo’s annual Pride parade on Sunday.

AIDS Healthcare Foundation Brazil, Aliança Nacional LGBTI (National LGBTI Alliance) and Associaçao Nacional de Travestis e Transexuais (National Association of Travestis and Transsexuals) are among the myriad groups that participated.

 
 
 
 
 
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Openly gay Brazilian Sen. Fabiano Contarato is among the elected officials who marched.

The theme of this year’s parade was “Vote with Pride.” 

The first round of Brazil’s presidential election will take place on Oct. 2.

Polls indicate President Jair Bolsonaro is trailing former President Luiz Inácio Lula da Silva. Bolsonaro has already sought to discredit the country’s electoral system, even though a group of more than 20 would-be hackers who gathered in the Brazilian capital of Brasília last month failed to infiltrate it.

Associaçao Nacional de Travestis e Transexuais President Keila Simpson and other activists with whom the Washington Blade spoke while in Brazil in March sharply criticized Bolsonaro over his rhetoric against LGBTQ+ and intersex Brazilians. 

A São Paulo HIV/AIDS service provider said Bolsonaro feels “AIDS is connected to faggots.” Other sources noted Bolsonaro has also suggested the COVID-19 vaccine causes AIDS.

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South America

Former Bogotá mayor elected first leftist Colombia president

LGBTQ+ and intersex activists welcomed Gustavo Petro’s election

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Former Bogotá Mayor Gustavo Petro votes in the second round of Colombia’s presidential election on June 19, 2022. (Screenshot courtesy of YouTube/AFP)

BOGOTÁ, Colombia — Former Bogotá Mayor Gustavo Petro on Sunday won the second round of Colombia’s presidential election.

Petro — a member of the Colombian Senate who was once a member of the M-19 guerrilla movement that disbanded in the 1990s — defeated former Bucaramanga Mayor Rodolfo Hernández by a 50.5-47.3 percent margin.

The former Bogotá mayor will be Colombia’s first leftist president when he takes office in August. Petro’s running mate, Francia Márquez, will be Colombia’s first female vice president of African descent.

“This is for our grandmothers and grandfathers, women, young people, LGTBIQ+ people, indigenous people, peasants, workers, victims, my Black community, those who resisted and those who are no longer with us … for all of Colombia,” tweeted Márquez after she and Petro won. “Today we are beginning to write a new history!”

Petro and Hernández faced off after they didn’t win at least 50 percent of the vote in the first round of the Colombian presidential election that took place on May 29.

Petro faced criticism ahead of the election because of his previous M-19 membership and fears his government will seek closer ties to Venezuelan President Nicolás Maduro’s government, among other things. 

One source in Bogotá on Sunday noted to the Los Angeles Blade that Petro during the campaign pledged to fight violence and discrimination based on sexual orientation and gender identity and to implement policies “for the reaffirmation of gender and sexual orientation identities without barriers for all non-binary and Transgender people in Colombia.” Tatiana Piñeros, a Transgender woman who ran Bogotá’s social welfare and tourism office during Petro’s mayoralty that ended in 2015, welcomed the election results.

“I am very excited,” Piñeros told the Blade.

Wilson Castañeda is the director of Caribe Afirmativo, an LGBTQ+ and intersex rights group in northern Colombia.

Castañeda on Sunday said Petro and Márquez showed the “greatest commitment to the agenda of LGBT rights” out of the six campaigns in the election. Castañeda noted the campaign held “various meetings” with LGBTQ+ and intersex rights groups and pointed to the policies he implemented when he was Bogotá’s mayor.

“For the LGBT movement in Colombia, the triumph of the ‘Pacto Histórico’ campaign led by Gustavo Petro and Francia Márquez is very significant,” said Castañeda.

Angélica Lozano, a bisexual woman who became the first openly LGBTQ+ person elected to the Colombian Senate in 2018, and Mauricio Toro, the first out gay man elected to the country’s Congress, both praised Petro and Márquez.

“We will begin to write with all illusion a new page in the history of Colombia,” said Bogotá Mayor Claudia López, who is married to Lozano, in a tweet.

Chilean President Gabriel Boric, Cuban President Miguel Díaz-Canel, Honduran President Xiomara Castro and U.S. Secretary of State Antony Blinken are among the world leaders who also congratulated Petro and Márquez.

“On behalf of the United States, I congratulate the people of Colombia for making their voices heard in a free and fair presidential election,” said Blinken in a statement. “We commend the many officials, public servants, and volunteers whose dedication made these elections possible.

“The United States and Colombia enjoy deep bonds between our peoples, shared values and shared interests in democracy, security, inclusive economic prosperity and human rights,” added Blinken. “Cooperation between the United States and Colombia has improved public health, livelihoods, rule of law and environmental protections in both our countries and throughout the region. We look forward to working with President-elect Petro to further strengthen the U.S.-Colombia relationship and move our nations toward a better future.”

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South America

Peru continues to lag behind other Latin American countries on LGBTQ+ rights

Attempts to ‘heal homosexuality’ remain legally protected

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LIMA, Peru — Peru is one of the few Latin American countries without pro-LGBTQ+ laws, and this evident backwardness in comparison to neighboring countries translates into a lower quality of life for those who do not identify as heterosexual.

LGBTQ+ Peruvians are highly vulnerable because of their sexual orientation and gender identity, and they also lack a regulatory framework that recognizes and protects them. This reality makes it more difficult for them to fight for equal rights in the areas of health, education and work, among others.

So-called conversion therapy is still allowed in Peru, and attempts to “heal homosexuality” remain legally protected.

The Peruvian Ministry of Justice at the end of 2020 requested for the first time a survey that focused on the LGBTQ+ community. It revealed 71 percent of Peruvians considers LGBTQ+ people are the most discriminated group in the country.

The Inter-American Court of Human Rights in 2020 held the Peruvian state responsible for the rape and torture of Azul Rojas Marin, a Transgender woman, and ordered it to provide medical, psychological and/or psychiatric treatment and to prosecute the officers who tortured her. The ruling also called on Peru to track anti-LGBTQ+ violence in the country and develop a national strategy to respond to it.

None of this has been complied with so far, demonstrating the state’s indifference to LGBTQ+ rights. 

“LGBTI people are succinctly recognized in some regional or municipal ordinances at the local level, however, they have no recognition in any national legislation explicitly, which addresses their needs,” George Hale, institutional development director of Promsex, a Peruvian LGBTQ+ rights group, told the Washington Blade.

Jorge Apolaya, who has been organizing Pride marches in Peru for years, said that “discrimination against LGBTQ+ people in the country is associated with a heterosexist culture that continues to permeate the different spheres of society, not only in public services that should be available to all people regardless of their sexual orientation and/or gender expression or identity, but also in families whose structures continue to violate non-heterosexual people.”

Peruvian lawmakers recently passed a bill that eliminates the possibility of having comprehensive sexual education with a gender focus in schools, handing that power to parents. The country is one of the few in South America that allows it.

Most of the activists in Peru with whom the Blade spoke agree that previous governments have made no progress on LGBTQ+ rights, and that scenario will not improve because President Pedro Castillo, who took office last year, has publicly stated LGBTQ+ rights are not a priority for his administration.

Then-Congressman Carlos Bruce in 2014 came out as gay in an interview with a Peruvian newspaper. Alberto de Belaunde in 2016 became the first openly gay man elected to the Peruvian Congress. 

Former Peruvian Congressman Alberto de Belaunde. (Photo courtesy of Alberto de Belaunde)

De Belaunde tried to pass various bills that his colleagues did not support. He did, however, manage to start a public debate about the lives of LGBTQ+ Peruvians and responded to hate speech.

De Belaunde told the Blade that “Peru is a country with a serious problem of inequality, where not all its citizens have the same rights. The LGBTQ+ community faces a serious problem of exclusion as they do not see basic rights recognized and respected, such as the right to identity or the right to equality, and this impacts their quality of life.”

He also said the COVID-19 pandemic worsened the vulnerability of LGBTQ+ people, particularly trans people after former President Martín Vizcarra at one point implemented a “pico y género” rule that allowed people to leave their homes based on their gender. This regulation generated a wave of violence — mainly against Trans women — in Peru.

De Belaunde did not run for re-election last year, but two LGBTQ+ politicians entered Congress.

​​Susel Paredes from the center-left Purple Party became the first openly lesbian congressman in Peru. She also received the most votes of any woman who ran for Congress.

Peruvian Congresswoman Susel Paredes. (Photo courtesy of Susel Paredes)

Alejando Cavero of the right-wing Avanza País party became the second openly gay man elected to Congress.

Paredes explained to the Blade from her office in Lima, the Peruvian capital, that she is currently working to pass a marriage equality bill and another that would protect people based on their gender identity. Paredes said civil unions are unacceptable “because we are looking for full equality, not special laws for us.”

Cavero, on the other hand, has announced he will soon introduce a civil unions bill.  

He is also considering the elimination of the word marriage, leaving it exclusively for the religious sphere. Paredes and some Peruvian LGBTQ+ activists do not support this strategy.

Paredes, however, acknowledged her expectations regarding the approval of equal marriage in this Congress have no possibilities. She therefore said she will support Cavero’s civil unions bill.

“The possibilities that equal marriage will be approved are very limited and scarce due to the composition of the and scarce due to the composition of the Congress,” emphasized Paredes. “It is a Congress that has some left-wing conservatives and some right-wing conservatives. And the Peruvian right wing is absolutely conservative, there is no modern liberal right wing.”

“I believe that the civil union bill will be approved. But for that, we have to keep pushing for equal marriage. That way, the civil union bill will be approved faster and at last LGBTQ+ families will be able to have an institutionality,” she stressed.

Paredes is currently seeking legal recognition of her 2016 marriage in the U.S.

She said she will bring her case to the Inter-American Court of Human Rights if Peru’s Constitutional Court rules against her.

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